§ 46‑1 ALCOHOLIC BEVERAGES § 46‑2
Chapter 46
ALCOHOLIC BEVERAGES
ARTICLE I
Open Containers
§ 46‑1. Title.
§ 46‑2. Intent.
§ 46‑3. Definitions and word usage.
§ 46‑4. Possession restricted.
§ 46‑5. Littering unlawful.
§ 46‑6. Violations.
§ 46‑7. Penalties for offenses.
[HISTORY: Adopted by the Town Board of the Town of Brutus: Art I, 5‑23‑1980 as L.L. No. 2‑1980. Amendments noted where applicable.]
ARTICLE I
Open Containers
[Adopted 5‑23‑1980 as L.L. No. 2‑1980]
§ 46‑1. Title.
The title of this Article shall be "Town of Brutus Open Container Use and Disposal Law."
§ 46‑2. Intent.
The Town of Brutus, in enacting this Article, is exercising its police power to promote the health, welfare and safety of its residents by
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§ 46‑2 BRUTUS CODE § 46‑5
controlling the use of open containers of alcoholic beverages within public places and to prevent public disorders and littering.
§ 46‑3. Definitions and word usage.
For the purpose of this Article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular use.
ALCOHOLIC BEVERAGE ‑ Includes beer, wine, liquor and all other beverages as defined by the New York Alcoholic Beverage Control Law.
CONTAINER ‑ Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC LANDS ‑ Any highway, street, public sidewalk, cemetery, playground, public parking area, public buildings or parks, except by special permit issued by the Town Clerk or any authorized official to persons reserving the Town Park, or such other lands as are generally open to the public.
§ 46‑4. Possession restricted. [Amended 5‑11‑1992 by L.L. No. 2‑1992]
No person while on public land within the Town of Brutus, or while in any vehicle while said vehicle is on a public highway, street, parking area or public land located within the Town of Brutus shall have in his or her possession any open container with the intent to consume an alcoholic beverage.
§ 46‑5. Littering unlawful.
No person shall break, leave or discard any open container on public land within the Town of Brutus, except in a waste receptacle placed on public land and for the purpose of depositing or discarding therein waste, or in an area designated therefor.
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§ 46‑6 ALCOHOLIC BEVERAGES § 46‑7
§ 46‑6. Violations.
A violation of this Article shall constitute a violation as defined the Penal Law of the State of New York.
§ 46‑7. Penalties for offenses. [Amended 5‑11‑1992 by L.L. No. 2‑1992]
A person violating this Article shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for fifteen (15) days, or by both such fine and imprisonment.
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